Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6339 of 2025 Arising Out of PS. Case No.-147 Year-2024 Thana- BELSAND District- Sitamarhi ====================================================== 1.
Rahul Kumar, Son of Shivjee Sahni, Resident of Ward No. 6, Belsand, P.S.- Belsand, Distt.- Sitamarhi, Bihar 2.
Shivji Sahni, Son of Bhola Sahni, Resident of Ward NO. 6, Belsand, P.S.- Belsand, Distt.- Sitamarhi, Bihar 3.
Ram Swarth Sahni @ Sogarath Sahni, Son of Bhola Sahni, Resident of Ward NO. 6, Belsand, P.S.- Belsand, Distt.- Sitamarhi, Bihar 4.
Mangal Sahni, Son of Ram Swarth Sahni, Resident of Ward No. 6, Belsand, P.S.- Belsand, Distt.- Sitamarhi, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Kumar Singh, Advocate For the Opposite Party/s :
Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 07-03-2025 Heard Mr. Rakesh Kumar Singh, learned counsel appearing on behalf of the petitioners and Mr. Ramesh Chandra, learned APP for the State.
2. The petitioners seek pre-arrest bail in connection with Belsand P.S. Case No. 147 of 2024 registered for the offence(s) punishable under Sections 223, 224, 191(2), 191(3), 190, 192, 292, 126(2), 115(2), 121, 109, 132, 324(4), 352, 351(3), 299, 326(1) of the BNS Act, 2023 and Section 3 of the Bihar Control and use of Loudspeaker Act, 1955.
3. As per the allegation made in the FIR, while the
Patna High Court CR. MISC. No.6339 of 2025(2) dt.07-03-2025 2/3 informant, who is a police personnel, was on duty on the occasion of immersion of Maa Durga idol, along with his teammates around 1000-1200 people started raising slogans against a religion on D.J. and they also started raising slogans against the administration.
4. Learned counsel appearing on behalf of the petitioners submitted that petitioners are innocent and they have falsely been implicated in the present case. It has been stated in various paragraphs of the bail application that the petitioners are part of the said procession and they had not indulged in the said incident in any manner nor they had caused any hindrance in performance of duty by the police officials. Learned counsel submitted that general and omnibus allegation has been leveled against the petitioners. On these grounds, the petitioners seek to be released on bail.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Having considered the rival submissions made on behalf of the parties, as well as, the nature of allegation being general and omnibus, I am of the opinion that petitioners have, prima facie, made out a case to be released on pre-arrest bail.
7. The petitioners, above named, are directed to be
Patna High Court CR. MISC. No.6339 of 2025(2) dt.07-03-2025 3/3 released on pre-arrest bail, in the event of their arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, First Class, Sitamrhi/successor Court in connection with Belsand P.S. Case No. 147 of 2024, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.
8. The learned District Court is directed to verify the criminal antecedent of the petitioners and if it is found that the petitioners are involved in some other cases, as what has been stated in paragraph No.3 of the bail application, this order will automatically lose its force. (Purnendu Singh, J.) Ashishsingh/- U T